HomeMy WebLinkAbout2011-089 Health - Helene Ramos Montgomery - Amendment to Contract for Spanish & French Interpreter $45 Per Hr for interpretation $35 for translation not to exceed $15,000~~
ORANGE COUNTY
INTERPRETER-TRANSLATOR CONTRACT UNDER $10,000 OR LE55
AMENDMENT
NORTH CAROLINA
THIS AMENDMENT, made and entered into this the 11th day of April, 2011, by and between the County of Orange, a
body politic. and corporate of the State of North Carolina, ("the County"), for and. on behalf of the Orange County
Health Department ("OCHD") and Helene Ramos Montgomery "Provider";
W ITN ESSETH:
WHEREAS, the County and Provider entered into an Interpreter-Translator Contract Under $10,000 Agreement dated
July 1, 2010, for the interpretation and translation services (hereinafter the "Original Agreement");and
WHEREAS, the County and Provider desire to amend the Original Agreement, while keeping in effect all terms and
conditions of the Original Agreement not inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein, the parties agree to
amend the Original Agreement as follows:
SECTION 3: Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in
accord with this Agreement. The amount to be paid by the County shall not exceed $15,000, ($45 per/hour for
Interpretation and $35 per/hour for Translation services). Payment shall be made within thirty (30) days of an
invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this
Agreement, County may, without fault or penalty, withhold any. payment associated with the work to be
performed until such time as said work is completed.
Except for the changes made to Section 3 herein, the Original Agreement shall remain in full force and effect to the
extent it is not inconsistent with this Amendment. In the event that there is a conflict between the Original Agreement
and this Amendment, this Amendment shall control.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Amendment, effective as of the day first
written above.
ORANGE COUNTY PROVIDER: Helen amos
By: By:
Frank . Clifto ounty Manager Title: elene Ra o ont , tnterpre er-Translator
Th' ` nstrument has be n a proved as to technical content.
Rosemary Sum rs, ea th Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act.
Clarence G. Grier, Finance Director
This instrument h been approved as to form and' legal sufficiency.
Count tY ATrueN~' Y
ORANGE COUNTY
INTERPRETER-TRANSLATOR CONTRACT. UNDER $10,000 OR LESS
AMENDMENT
NORTH CAROLINA _
THIS AMENDMENT, made and entered into this the 11th day of April, 2011, by and between the County of Orange, a
body politic and corporate of the State of North Carolina, ("the County"), for and on behalf of the Orange County
Health Department ("OCHD") and Helene Ramos Montgomery "Provider";
WITNESSETH:
WHEREAS, the County and Provider entered into an Interpreter-Translator Contract Under $10,000 Agreement dated
July 1, 2010, for the interpretation and translation services (hereinafter the "Original Agreement"); and
WHEREAS; the County and Provider desire to amend the Original Agreement, while keeping in effect all terms and
conditions of the Original Agreement not inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration for the mutual covenants and agreements made herein, the parties agree to
amend the Original Agreement as follows:
SECTION 3: Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in
accord with this Agreement. The amount to be paid by the County shall not exceed $15,000, ($45 per/hour for
Interpretation and $35 per/hour for Translation services). Payment shall be made within thirty (30) days of an
invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this
Agreement, County may, without fault or penalty, withhold any payment associated with the work to be
performed until such time as said work is completed.
Except for the changes made to Section 3 herein, the Original Agreement shall remain in full force and effect to the
.extent it is not inconsistent with this Amendment. In the event that there is a conflict between the Original Agreement
and this Amendment, this Amendment shall control.
IN WITNESS WHEREOF, Orange County and the Provider have signed this Amendment, effective as of the day first
written above.
ORANGE C N PROVIDER: Helene s Montgomery
By. I By. t ~ -
~~~
Frank W. Clifton, ounty Manager Title: elene Ramos Montg er Inte ranslator
T i instrument has bee pproved as to technical content.
Rosemary Sum rs, Health Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act.
~~,w ~ ~N-~-~
Clarence G. Grier, Finance Director
This instrument has approved as to form and legal sufficiency.
CovNry Arro,eni~y
ORANGE COUNTY
NORTH CAROLINA
INTERPRETER TRANSLATOR CONTRACT
$10,000 OR LESS
TffiS AGREEMENT, made and entered Into this 1st day of July, 2010, ("1:ffective Date") by and
between Orange County, North Carolina, a body politic and corporate organized under the laws of the State
of North Carolina, (the "County"), fqr and on behalf of the Orange County Health Department ("OCHD")
and Helene Ramos Montgomery (the "Provider"}; ~ .
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the services of the Provider, and. the Provider agrees to provide the following Interpretation and
Translation services (hereinafter referred to collectively as "Services") to the County in accordance with the
terms of this Agreement, time being of the essence:
A. Provider's Responsibilities:
The Provider shall be qualified to interpret between English and Spanish and French, and
translate between English and Spanish with the OCHD staff.
Provider's Responsibilities.
a. Professional Conduct. The Provider shall adhere to the standards of professional
conduct of an interpreter and translator while conducting the services to include the
following;
i. The Provider shall xelate to all OCHD clients and staff in a respectful and
professional manner,
ii. The Provider will interpret the information being shared between
client/family and staff as clearly as possible, without additional personal
comments or biases on the topic being discussed.
iii. The provider when providing translation services will translate the
information as clearly as possible without changing the meaning and the
intent of the document.
iv. The Provider will interpret and translate the information to the best of
his/her ability. .
The Provider will follow the National Code of Ethics and Standards of
Practice outlined by the National Council on Interpreting in Health Care
which can be found at www.ncihc,or~ and is hereby incorporated by
reference.
vi. The Provider is required to sign the OCHD Conditions of Contract
Statement containing the confidentiality, Title X and public health activities
in emergency situations information which is hereby incorporated by
reference.
b. Client Confidentiality.
Revised lone 2Qk0
i. The Provider acknowledges that she/he may have access to information that
is confidential and provided by state and federal laws- and agrees to comply
with all privacy policies, regulations, and laws as well as the Health
Insurance Portability and Accountability Act (HIPAA) of 1996 (P.L.104-
191}.
ii. The Provider agrees to protect health information (e.g., client name,
appointment type, telephone number) that he/she may receive in doing
business with OCHD. The Provider should ensure proper, safe storage and
protection of client information during use, and shredding/deletion of such
information when it is no longer necessary for business purposes.
iii. Breaches of client confidentiality will result in automatic termination of this
Agreement.
c. Medical Documentation.
i. The Provider is required to provide proof of immunity to varicella, measles,
mumps and rubella prior to inception of contract work. Proof of immunity
must be one of the following: medical records diagnosing the disease,
laboratory records confirming the disease, laboratory records documenting
positive disease titers, or medical records documenting receipt of 2 doses of
each vaccine. {Exception: If the Provider has documentation of only one
- ~ , h~Ft•vvizler~nrstp~ravidezlnourrreu~iz~rrcarrd~~
within 60 days of the first day of contract work.) The Provider is
responsible for covering all costs associated with acquiring any necessary
titers, medical diagnosis or laboratory confirmation of disease or
vaccinations.
ii. The Provider is required to get a TB screening and provide those results to
OCHD prior to beginning contract work. The Provider is responsible for the
costs associated with acquiring such screening. The screening can be one of
the following:
I. Receipt of a TB skin test (TST) if the Provider has no history of TB
infection/disease or of a positive TST (Note: If the Provider has not
had an additional TST within the previous 12 months, a second TST
will be required one week after the first to establish an accurate
baseline.)
2. Completion of a TB Screening Form by a medical provider if the
Provider has a history of TB disease or of having a positive TST.
d. Scope of Services.
i. Procedures and Guidelines Upon Acceptance of an Interpretation
Assignment:
The Provider agrees to give at least 24 hour notice if he/she is
unable to participate in a scheduled client contact.
2. The Provider will be expected to make confirmation phone calls to
clients in advance of an assigned appointment, when feasible, and
Revised June 2010 2
when the Provider is provided the information by OCHD staff. The
Provider should notify OCHD staff as soon as possible if the client
has told the Provider that he/she will not be able to make the
appointment and/or if he/she needs to reschedule. These
confirmation calls will not be paid for separately, but are considered
part of the service when the Provider accepts an assignment for an
appointment.
3. The Provider shall not have contact with OCHD clients with OCHD
staff being present, unless specifically asked by staff to call clients
to confirm or schedule .appointments. It is not acceptable for the
Provider to give out his/her home telephone number or cell phone
number for later contact between the family and Provider. The
Provider should generally instruct clients to call the Health
Department front desk staff or the Spanish voicemail line at 644-
3350 (when language appropriate) to schedule an appointment or to
inquire about services.
ii. Procedures and Guidelines when the Provider Accepts a Translation
Assignment:
1. When asked to translate from English into the second language, the
_ Provider will review the original English version and request any
clarification from OCHD staff prior to translation.
2. As needed, the Provider will discuss with OCHD staff
recommendations to improve the utility and cultural appropriateness
of material for the target audience prior to translation. Upon
consultation with Provider, QCIID staff may choose to modify the
English version before resubmitting for a direct translation.
pocumentation consultation may be charged as part of the
translation service, but must be agreed upon in advance.
3. All translations should match the original version in terms of
content and format.
4. The Translator will submit an electronic version of the translation.
Documents must be formatted using an MS Ward software program
and/or submitted as a PDF so that OCHD staff can open and read
the document.
3. Payment: The County agrees to pay at the rates specified for Services satisfactorily
performed in accord with this Agreement. The amount to be paid by the County shall not
exceed 10 00 ($45/hour for Interpretation and $35/hour for Translation services).
Payment shall be made within thirty (30} days of an invoice properly submitted to County.
Should Provider fail to perform its duties under the terms of this Agreement, County may,
without fault or penalty, withhold any payment associated with the work to be performed
until such time as said work is completed. Payment of Services.
a. The Provider. The Provider will complete and submit either the OCHD Invoice for
Payment of Translation Services or Interpretation Services form to QCHD staff at
the time the service is rendered. OCHD staff will verify the information, sign and
forward the form for payment of services.
Revised June 2010
b. For interpretation services only:
The Provider will record the start and finish time worked to the minute.
After the first hour of service, payment .will be calculated and paid per
minute.
ii. The Provider shall submit one invoice per client, unless there is a block of
appointments without interruption. Without interruption means that there
were no cancelled appointments and no lunch hour included. This is
appropriate for a group of clients who are served for the same type of
appointment, at the same location. (e.g., a morning in the dental clinic, an
afternoon serving back-to-back refugee. communicable disease screening
appointments.) When in doubt, please contact the OCHD Language
Coordinator.
iii. In the event of a cancelled appointment, the Provider is required to stay until
relieved of duty by the nurse supervisor or the individual in charge of
clinical operations. OCHD staff may require other interpreter-related
services in place of the scheduled appointment. As stated above, the
Provider may submit an invoice in the event of a broken appointment {with
less than 24 hour notice).
'v: I ' tirrg6Ci~H~taffwitlr ~1 m~call
outside of a scheduled appointment time, the Provider should complete a
Call Log to submit along with an invoice describing the services performed.
This type of service is paid by the minute, without a one hour minute
requirement for payment.
v. In the case of an unexpected closing or delayed opening {e.g., inclement
weather) of the Health Department when providing interpretation services,
the Provider shall not be paid for missed appointments. When in doubt, the
Provider can call 732-8181 to see if county offices are open or are on a
delayed schedule. When possible, the Provider is also asked to help call
his/her scheduled clients to inform them of the delay or closing.
c. OCHD Responsibilities:
i. OCHD will compensate Provider for interpretation services rendered at an
hourly rate. Per hour reimbursement will begin at the tune the Provider
meets with OCHD staff for the appointment and ends at the time the staff
and interpreter contact is completed. There will be a minimum of one {I)
hour of service for an appointment.
ii. OCHD will reimburse the Provider for one (1) hour of interpretation service
in the event of a same day cancelled appointment, That includes
appointments for clients who do not show up for an appointment, and for
those who cancel an appointment with less than 24 hour notice. Exception:
"Family" Refugee Health Assessment (communicable disease and/or
physical exam) appointments with 3 or more family members will only be
reimbursed for a total of two (2) hours in the case of same day cancelled
appointments. OCHD will not reimburse the Provider if ail appointment is
cancelled with more than 24 hour notice.
Revised June 2010 4
iii, OCHD will not reimburse for any Provider mileage,
iv. OCHI) will process all invoices on a monthly basis. Checks will be mailed
directly to the Provider in accordance with the Finance Department's
schedule.
4. The term of this Agreement shall be from July 1, 2010 to June 30,2011.
5. Provider represents and agrees that Provider is .qualified to perform and fully capable of
performing and providing the services required or necessary under this. Agreement in a fully
competent, professional and timely manner to the satisfaction of the County. Provider shall
be responsible for all errors pr omissions, in the performance of the Agreement. Provider
shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts
at no additional cost to the County.
6. Non-waiver: Failure by County at any time to require the performance by Provider of any
of the provisions hereof shall in no way waive or affect the County's right hereunder to
enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of
any succeeding breach or a waiver of this Non-Waiver Clause.
7. .Independent Contractor: The Provider shall. operate as an independent Provider, and the
C`.ount~shall not he re„Spnn~ible fnr any of the Prr,VidEr'e~ctc or omissLOns`The Provider
shall not be treated as an employee with respect to the Services performed hereunder for
federal or state tax, unemployment or workers' compensation purposes. The Provider
understands that neither federal, nor state, nor shall payroll tax of any kind be withheld or
paid by the County on behalf of the Provider or the employees of the Provider.
8. Insut~ance: The Provider shall obtain, at its sole expense, all insurance needed to adequately
insure itself during the performance of these services.
9. Indemni :The Provider agrees to defend, indemnify, and hold harmless Orange County
from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including
reasonable attorney's fees) arising from bodily injury, including death, to any person or
persons or damage to or destruction of any property. caused in whole or in part by any
negligent or intentional act or omission on the part of the Provider.
10. Termination; This Agreement may be terminated at any time by mutual written agreement of
the parties or by the County upon written notice to the Provider.
11. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its
terms, and further agree that it constitutes the complete and exclusive statement of the
Agreement between the parties unless and until modified in writing and signed by the
parties. Modifications may be evidenced by telefacsimile signature.
12. Govetming_Law: 13oth parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. Shoutd either party initiate litigation to settle any dispute involving
the terms of this Agreement such litigation shall be initiated in the General Court of Justice
of North Carolina seated in Orange County, North Carolina.
13. Non Appropriation: Provider acknowledges that County is a governmental entity, and the
validity of this Agreement is based upon the avallabiliry of public funding under the
authority of its statutory mandate. in the event that public funds are unavailable and not
Revised June 2610
appropriated for the performance of County's obligations under this Agreement, then this
Agreement shall automatically expire without penalty to County immediately upon written
notice to Provider of the unavailability and non-appropriation of public funds,
1N WITNESS WHEREOF, Orange County and the Provider have signed this Agreement, effective
as of the day first written above.
ORANGE COUNT
By: , /
C ty g
200 S. Camer St.
P.O. Box 81 1
Hillsborough, NC 27278
PROYIDERr;~Ie~ amos Mont ome
By: ~ \ ~-~--.
Title: Inter reter/T sl for ~..
112 Boulder Lane
Chapel Hill, NC 27514
Thi instrument has been approved as .to technical content.
osemary Sumrr,(e s, Health Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
Clarence G. Grier, Finance Director
Thi tiv t has been approved as to form and legal sufficiency.
tte M. oore, Staff Attorney
Revised June 2010 6
ORANGE COUNTY-CONTRACT CONTROL SHEET
Routing Order: (1) Department, (2) IT, (3) Risk Management, {4) Financial Services, (5) Attorney, (6}Manager, (7) Clerk
This Document shall accompany all contracts and shall he submitted for signature in the Routing Order specified above. If the Manager
determines the contract is not appropriate for Manager approval the Manager shall submit the contract for BOCC approval. Contracts for
BOCC approval must be submitted through, and complete, the routing process prior to agenda review. Contracts for legal review should
be completed through the legal review process prior to being routed for signature.
Department
Party/Vendor Name: Helene Ramos Montgomery Party/Vendor Contact Person: Same Contact Phone: 919-967-1002 Party/Vendor
Address: 112 Boulder Lane City Chapel Hill State: NC Zip; 27514 Department: Health Amount: $45/lu' interpretation, $35/hr
translation, max $10,000 Purpose: Spanish and French Interpreter/ Spanish Translator Budget Code(s): Vendor # 4t)b77 (NIA if
new vendor} Vendor is a BOCC consultant? Yes ^ No® Contract Type: (Check one) New ^ Renewal ® Amendment ^
Effective Date July 1, 2010 Approved by Board Yes^ Nc^ Agenda Date: Title of Contract: Interpreter Translator
Contract $10,000 or Less
If this is a Grant Agreement, pre-application has bean approved by the Board of Commissioners Yes No If submitted far bid
were bids/RFPs received Yes[] No^ Bid/RFP number This contract has been reviewed and approved by the Department Director
as to technical content: r
Department Director's Signature: '~~~-'~~' ~~4~ir~ ~~'"~. Date: [.f ~~` CT
IT Director
(Applicable only to hardware/software purchases or related services) This contract has been reviewed and approved by the Information
Technology Director as to technical content and information technology specifications:
IT Director's Signature; ~ ~ ~ Date:
Include the following coverages; ^ CGL; ^ Auto; ^ WC; ^ Professional; ^ Property; ~R No Insurance Required ^. Hold
Contract pending receipt of Certificate of Insurance ^. With incorporation of Insurance provisions as shown, this contract is approved
by the Risk Manager:
Risk Manager's Signature: ~~~'~` Date; 7 /~ ~~U
Financial Services
This Contract is conditioned upon appropriation by the Board of Commissioners YesQNo~. A budget amendment is necessary
before approval Yes[] No~. If budget amendment is necessary, please attach to this form. This instrument has been pre-audited in the
manner required by the Local Government Budget and Fiscal Contr~oJl Act: r
Financial Services Director's Signature: ~ ,~/d~'~-'' Date: ~ 7 ! / o _
County Attorney
Approval by Board ^ (Contracts over $25,000,00 or any BOCC consultant contract). Approval by Manager ~] (Alt contracts
$25,000.00 or less with the x epdo BOCC consultants). This contract has been reviewed and approved by the Attorney as to legal
form and sufficiency:
Attorney's Signature Date: 1 ~ x D1 t3
County Manager
This contract has been reviewed and is approved by the County Manager Y~ No^.
This contract has been reviewed and is to be submitted for B EC consideration Yes[]No~
Manager's Signature; Date: ~ ~ ~~
Jerk to the Board
Submitted for Chair signature;
Clerk's Signature: Date:
Revised December 2009